Kelly v. Stewart
Missouri Court of Appeals
Appeal from St. Louis City Circuit Court. — Hon. Franklin ' Ferris, Judge. (1) There was no evidence whatever of any negligence on the part of the defendants. The law-is well settled that where a master is engaged in erecting a structure of any kind the law does not impose upon him the duty of keeping the structure in a safe condition at every moment of the work, so far as its safety depends upon the due performance of that work by his employees.
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Appeal from St. Louis City Circuit Court. — Hon. Franklin ' Ferris, Judge. (1) There was no evidence whatever of any negligence on the part of the defendants. The law-is well settled that where a master is engaged in erecting a structure of any kind the law does not impose upon him the duty of keeping the structure in a safe condition at every moment of the work, so far as its safety depends upon the due performance of that work by his employees. The sole duty of the master is to furnish suitable appliances, and if a servant is injured as a result of the improper use of such appliances by a…
1Opinion of the CourtBland, P. J.
Appellants were contractors for the erection of a modern building of iron, stone and brickwork on Washington avenue in the city of St. Louis known as the Brown building. Respondent was employed by appellants as a common laborer. His duties were to unload stones'as they were brought on wagons to the building and to help place them in position to be raised to place in the wall. His place of work was on the ground. On June 13, 1898, what is known as the dental course had been laid on the third story of the building and the workmen were proceeding to lay the molding course on the dental course.…
Also in this document: Concurrence.
2Cases cited9 opinions
- The Charles MorganSupreme Court of the United States · 1885
- Raming v. Metropolitan Street Railway Co.Supreme Court of Missouri · 1900
- State v. SmithSupreme Court of Missouri · 1893
- Gutridge v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1891
- Steube v. Christopher & Simpson Architectural Iron & Foundry Co.Missouri Court of Appeals · 1900
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3Cited by2 opinions
- MacKlin v. Fogel Construction Co.Supreme Court of Missouri · 1930
- Hunt v. Desloge Consolidated Lead Co.Missouri Court of Appeals · 1904